Acosta

Steven M. Acosta appeals from (1) an order awarding Robert H. Kerrigan attorney fees in connection with his successful petition to compel arbitration of a dispute between the parties arising under a lease agreement and (2) an order denying Acosta’s petition to compel arbitration of Kerrigan’s request for those same attorney fees. Acosta contends an interim award of attorney fees is impermissible, a claim we find unpersuasive. Based on the agreement between the parties, Acosta also contends an arbitrator, not the trial court, should have decided whether to award Kerrigan attorney fees. This we find to be a close issue, but ultimately conclude the trial court had jurisdiction to determine the fee award for proceedings before that court and also was in the better position to do so. Accordingly, we affirm the orders.

*1126 FACTS AND PROCEEDINGS BELOW

In response to Acosta’s complaint for writ of possession, injunctive relief and damages for forcible detainer and forcible entry, Kerrigan and the other defendants filed a petition to compel arbitration under a provision in an “Occupancy Agreement” between Acosta and Kerrigan. The arbitration clause states, in pertinent part,…

While I concur in the majority’s conclusion that an interim award of fees is appropriately sought under the terms of this agreement and concur that the issue presented by this case is extremely close, I cannot conclude that this is a matter for the trial court, rather than the arbitrator.

The language of this agreement is broad, requiring arbitration of “[a]ny dispute regarding any aspect of this Occupancy Agreement or an act which allegedly has or would violate any provision of this Occupancy Agreement.” Indeed, at the trial court, respondent never asserted that this dispute could not properly be submitted to arbitration under the terms of the agreement; instead, he asserted that the failure of Acosta to object to the trial court’s reservation of jurisdiction after this court ordered the contractual dispute submitted to arbitration was a waiver. He conceded at oral argument that the matter would be arbitrable but for this claimed waiver. The history of this case does not, however, support a finding of waiver.

First, the court, in its reservation of jurisdiction, made at the conclusion of a hearing after we reversed the denial of the petition for arbitration, did not hear…

Steven Acosta appeals from (1) an order awarding Robert Kerrigan attorney fees in connection with his successful petition to compel arbitration of a dispute between the parties arising under a lease agreement and (2) an order denying Acosta's petition to compel arbitration of Kerrigan's request for those same attorney fees. Acosta contends an interim award of attorney fees is impermissible, a claim we find unpersuasive. Based on the agreement between the parties, Acosta also contends an arbitrator, not the trial court, should have decided whether to award Kerrigan attorney fees. This we find to be a close issue, but ultimately conclude the trial court had jurisdiction to determine the fee award for proceedings before that court and also was in the better position to do so. Accordingly, we affirm the orders.

In response to Acosta's complaint for writ of possession, injunctive relief and damages for forcible detainer and forcible entry, Kerrigan and the other defendants filed a petition to compel arbitration under a provision in an "Occupancy Agreement" between Acosta and Kerrigan. The arbitration clause states, in pertinent part, "Any dispute regarding any aspect of…